Types Of Judicial Precedent Flashcards

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1
Q

Types can be rephrased to understand more as (but don’t write in exam):

A

Qualities

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2
Q

ORIGINAL precedent

A

When a case raises a new point of law that has never before been decided, the judge(s) must make a decision on that point of law
Thus becoming an OP
Judges look at cases which are closest in principle and may apply similar rules, known as reasoning by analogy

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3
Q

BINDING precedent

A
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4
Q

PERSUASIVE precedent

A
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5
Q

Three types of Judicial Precedent

A
  • Binding
  • Persuasive
  • Original
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6
Q

Original precedent case example

A

Donoghue v Stevenson

created negligence

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7
Q

Binding precedent case example

A

Donoghue v Stevenson

Ratio/precedent had to be followed in Grant v AKM

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